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  • Commentaries
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Arkansas Case Commentaries

Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC

Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC

Date: Dec 10, 2025
Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC, 2025 Ark. 193 1. Introduction In Pinnacle In Home Care, LLC...
Respondeat Superior in Commute/Remote-Jobsite Cases: Workers’ Compensation “Going-and-Coming” Rule Not Dispositive; Summary Judgment Limited to Relief Requested

Respondeat Superior in Commute/Remote-Jobsite Cases: Workers’ Compensation “Going-and-Coming” Rule Not Dispositive; Summary Judgment Limited to Relief Requested

Date: Nov 21, 2025
Respondeat Superior in Commute/Remote-Jobsite Cases: Workers’ Compensation “Going-and-Coming” Rule Not Dispositive; Summary Judgment Limited to Relief Requested I. Introduction Rebecca Skala (as...
Preserving and Proving Evidentiary Error on Appeal: Prejudice, Record-Building Under Rule 612, and Cumulative-Error Preservation in Arkansas

Preserving and Proving Evidentiary Error on Appeal: Prejudice, Record-Building Under Rule 612, and Cumulative-Error Preservation in Arkansas

Date: Nov 21, 2025
Preserving and Proving Evidentiary Error on Appeal: Prejudice, Record-Building Under Rule 612, and Cumulative-Error Preservation in Arkansas Case: Kevasia Tate v. State of Arkansas, 2025 Ark. 186...
Rejecting the Workers’ Compensation “Going-and-Coming” Rule in Arkansas Respondeat Superior: Commentary on Skala v. Comfort Systems USA, Inc., 2025 Ark. 183

Rejecting the Workers’ Compensation “Going-and-Coming” Rule in Arkansas Respondeat Superior: Commentary on Skala v. Comfort Systems USA, Inc., 2025 Ark. 183

Date: Nov 21, 2025
Rejecting the Workers’ Compensation “Going-and-Coming” Rule in Arkansas Respondeat Superior: Commentary on Skala v. Comfort Systems USA, Inc., 2025 Ark. 183 I. Introduction In Skala v. Comfort...

        Reaffirming Nonhearsay Course-of-Conduct Statements and Strict Preservation of Cumulative Error:
        Commentary on Kevasia Tate v. State of Arkansas (2025 Ark. 186)

Reaffirming Nonhearsay Course-of-Conduct Statements and Strict Preservation of Cumulative Error: Commentary on Kevasia Tate v. State of Arkansas (2025 Ark. 186)

Date: Nov 21, 2025
Reaffirming Nonhearsay Course-of-Conduct Statements and Strict Preservation of Cumulative Error: Commentary on Kevasia Tate v. State of Arkansas, 2025 Ark. 186 I. Introduction The Arkansas Supreme...
“Internal Improvement” Under Ark. Const. art. 7, § 28 Means Public Infrastructure—Private Flooding Disputes Stay in Circuit Court

“Internal Improvement” Under Ark. Const. art. 7, § 28 Means Public Infrastructure—Private Flooding Disputes Stay in Circuit Court

Date: Nov 14, 2025
“Internal Improvement” Under Ark. Const. art. 7, § 28 Means Public Infrastructure—Private Flooding Disputes Stay in Circuit Court 1. Introduction In David Scott Taylor v. Rick Ferguson; Paradise...
Nonfinality of Rule 4 Service Dismissals: No Appellate Jurisdiction When Claims May Be Refiled

Nonfinality of Rule 4 Service Dismissals: No Appellate Jurisdiction When Claims May Be Refiled

Date: Nov 14, 2025
Nonfinality of Rule 4 Service Dismissals: No Appellate Jurisdiction When Claims May Be Refiled Introduction In Robert Taylor v. Arkansas Post-Prison Transfer Board and Arkansas Division of...
Article 7, Section 28 Narrowed: “Internal Improvement” Means Public Infrastructure, and Private Flooding Tort Claims Belong in Circuit Court

Article 7, Section 28 Narrowed: “Internal Improvement” Means Public Infrastructure, and Private Flooding Tort Claims Belong in Circuit Court

Date: Nov 14, 2025
Article 7, Section 28 Narrowed: “Internal Improvement” Means Public Infrastructure, and Private Flooding Tort Claims Belong in Circuit Court I. Introduction In David Scott Taylor v. Rick Ferguson;...

      Nonfinality of Rule 4(i)(1) Service-of-Process Dismissals: No Appellate Jurisdiction When Claims May Be Refiled

Nonfinality of Rule 4(i)(1) Service-of-Process Dismissals: No Appellate Jurisdiction When Claims May Be Refiled

Date: Nov 14, 2025
Nonfinality of Rule 4(i)(1) Service-of-Process Dismissals: No Appellate Jurisdiction When Claims May Be Refiled 1. Introduction In Robert Taylor v. Arkansas Post-Prison Transfer Board and Arkansas...
File-Stamp Omissions on Criminal Informations Are Non‑Jurisdictional and Do Not Support Habeas Relief

File-Stamp Omissions on Criminal Informations Are Non‑Jurisdictional and Do Not Support Habeas Relief

Date: Nov 1, 2025
File-Stamp Omissions on Criminal Informations Are Non‑Jurisdictional and Do Not Support Habeas Relief Case: Edward Lee Carter v. Dexter Payne, Director, Arkansas Division of Correction, 2025 Ark. 168...
Article 5, § 1 Controls: Arkansas Supreme Court Invalidates County Initiative Filing Statutes and Bars “Carryover” Certification of Untimely Petitions

Article 5, § 1 Controls: Arkansas Supreme Court Invalidates County Initiative Filing Statutes and Bars “Carryover” Certification of Untimely Petitions

Date: Nov 1, 2025
Article 5, § 1 Controls: Arkansas Supreme Court Invalidates County Initiative Filing Statutes and Bars “Carryover” Certification of Untimely Petitions Introduction This commentary examines the...
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Date: Oct 18, 2025
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds Introduction In Morgan Weatherford v. State of Arkansas, 2025...
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

Date: Oct 18, 2025
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152 Introduction In Scott v. Sullivan, 2025...
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Date: Oct 18, 2025
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas Introduction In...
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Date: Oct 18, 2025
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning Introduction In...
Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148)

Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148)

Date: Oct 16, 2025
Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148) Court: Supreme Court of Arkansas Date: October 9, 2025...
Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice — Commentary on Nathaniel Fort v. State of Arkansas, 2025 Ark. 148

Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice — Commentary on Nathaniel Fort v. State of Arkansas, 2025 Ark. 148

Date: Oct 10, 2025
Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice Introduction In Nathaniel Fort v. State of Arkansas, 2025 Ark....
Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole: Howerton v. McCastlain, 2025 Ark. 144

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole: Howerton v. McCastlain, 2025 Ark. 144

Date: Oct 9, 2025
Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole Commentary on Howerton v. McCastlain, Chairman, Arkansas...
Coston v. State: Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request

Coston v. State: Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request

Date: Oct 9, 2025
Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request Introduction In William Coston v. State of Arkansas, 2025 Ark. 143...
Rule 33.1 Specificity Controls: Self-Defense Sufficiency Not Preserved by Intent-Only Motion; Figurative, Non‑Matching Threats Are Admissible to Prove Intent; 4‑3(a) Review Permitted on State’s Adverse‑Rulings List

Rule 33.1 Specificity Controls: Self-Defense Sufficiency Not Preserved by Intent-Only Motion; Figurative, Non‑Matching Threats Are Admissible to Prove Intent; 4‑3(a) Review Permitted on State’s Adverse‑Rulings List

Date: Sep 27, 2025
Rule 33.1 Specificity Controls: Self-Defense Sufficiency Not Preserved by Intent-Only Motion; Figurative, Non‑Matching Threats Are Admissible to Prove Intent; 4‑3(a) Review Permitted on State’s...
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